1. Legislative Requirements
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2. Considerable amount of legislation relating to the employment and treatment of people at work.
The main function of HRM is to ensure that the organisation complies with any legislation.
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3. Responsibility
As Law is continually being updated and it is essential that there are specialists within the company.
Two main areas:
Health and Safety Law
Employment Law
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4. Health and Safety
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5. Health and Safety at Work Act 1974
Aim is to continue to raise the standards of health and safety for all individuals at work.
Protect the public whose safety may be at risk from the activities of people at work.
Covers the duties of employers and employees in the work place.
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6. Employers duties
Take every reasonable step to ensure that all machinery is properly maintained
Hazardous substances are dealt with properly
Staff are trained and informed of potential dangers
Environment is safe and non-hazardous to the health of the employees.
Carry out ‘risk assessments’ on building, operation of machinery and tasks carried out.
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7. Safety Representatives and Committee Regulations Act 1977
Employers must ensure that they employ individuals to undertake the work as outlined in the above Act. This includes:
Having a consultancy role to promote H & S in the workplace
Allowed time off to perform any necessary duties (without loss of earnings)
Thereafter make recommendations to their employers
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8. Employees duties Expected to behave in a reasonable manner at work
Take responsibility for their own actions
Co-operate with their employers in ensuring that all health and safety requirements are met.
Follow all instructions
Accept training where appropriate
Carry out their work in accordance with the training or instructions given
Report any dangerous situations to the H & S representative
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9. Stress Major concern of employers and employees.
The number of workers claiming damages from their employer for placing stress on them which has resulted in health problems is increasing.
Employers and Human Resource Departments must put procedures in place to reduce stress in the workplace.
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10. How Employers Avoid Stress amongst employees
Ensure staff are trained to use equipment
Provide a suitable working environment
Introduce more flexible working practices
Install ergonomic furniture to reduce work related injuries.
Use staff appraisals to identify training needs
Staff Counselling
Acknowledge success and achievement
Create quality circles to empower staff
Use job rotation to avoid repetitive tasks/boring jobs
Provide bonuses to acknowledge achievement and success
Develop a corporate culture
Offer Benefits
Share workloads between team members
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11. Equal Opportunities Law
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12. Equal Pay Act 1970
Ensures that men and women would receive the same pay and conditions for similar work.
Before 1970’s women could be paid less than men for doing the same job.
Monitored by the Equal Opportunities Commission.
Some employers still tend to pay women less.
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13. Statistics Published by EOC in March 2002.
Women Graduates get paid 15% less than male graduates within 5 years of starting work.
Women Graduates in their 50’s get paid 44% less than male graduates of the same age.
On average women graduates get paid 37% less than male (same difference since the Equal Pay Act was introduced)
Question: Is it working?
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14. Sex Discrimination Act 1975
Introduced to ensure men and women are treated equally and fairly at work.
Most cases tend to be about discrimination against females but it can be applied to males.
In 2006, 20% increase in the number of sex discrimination cases against women
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15. Two types of Discrimination
Direct Discrimination
Where an individual is discriminated because of their sex.
Indirect Discrimination
Where the actions of an employer affects a large proportion of males or females in reference to recruitment, treatment and dismissal.
Refer to page 94 or your notes
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16. General exceptions of Sex Discrimination Act 1975
Any requirement designed to protect women in relation to pregnancy
In relation to sport
For the purposes of national security
Where accommodation is for one sex only
Charities may be exempt from the Act
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17. Race Relations Act 1976
Discrimination against employees because of their colour, race, nationality or ethnic origin.
Covers the same areas of direct and indirect discrimination as the Sex Discrimination Act.
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18. Disability Discrimination Act 1995
Deals with discrimination against an employee or potential employee because of their discrimination.
Can either be direct or indirect.
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19. When is it allowed? Allowed in certain occupations.
Advertising for a male attendant for a mens’s toilet.
Employing only Asian waiters at an Indian Restaurant
Excluding a blind person for a drivers job.
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20. Employment Equality Regulations
Religion or Belief 2003
Age 2006
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21. Discrimination Danger Areas
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22. Job Adverts – Job for a waitress – must allow man and women to apply.
Job Description – Call centre jobs excluding the visually impaired – grants are available for converting phone systems to braille.
Job Adverts – Job for a waitress – must allow man and women to apply.
Selection – asking if a female applicant if she is going to have children.
Training – holding courses on holy days – e.g. Friday and Saturday for Jewish people.
Promotion – only promoting people over 35.
Benefits – arranging out of school hours for highest paid shifts – discriminating against women.
Dismissal – religious holidays counted towards a poor attendance record.
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23. Equality Act 2010
simplifies the current discrimination laws and puts them all together in one piece of legislation
makes it more difficult for disabled people to be unfairly screened out when applying for jobs, by restricting the circumstances in which employers can ask job applicants questions about disability or health.
Now includes workplace victimisation, harassment and bullying
Makes pay secrecy clauses illegal
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24. Employment Protection
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25. Why? Helps provide better working conditions for employees.
Assists with employee relations
Improves employee output.
Continually being updated by government and the European union.
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26. Employment Act 1989
Used to remove any other type of discrimination between men and women.
Protects the employment of women and young people which was previously restricted.
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27. Employment Relations Act 1999
Trade Union Activities
Encourages voluntary or binding arbitration
How to conduct collective bargaining
Stopping the discrimination of employees for belonging to a trade union
More protection for employees who are taking an industrial ballot
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28. Disciplinary and Grievance hearings
Family and Domestic
Protects maternity and parental leave
Minimum of 18 weeks maternity leave for all women paid.
Three months parental leave for mothers and fathers
Guaranteed job back
Protection from victimisation
Disciplinary and Grievance hearings
Right to have a trade union member or fellow worker accompany you when you are being disciplined
Other
Protects unfair dismissal of striking workers during a lawful industrial action
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29. Others Employment Rights Act 1996
An employee must be given a written contract of employment within 2 months of starting
Itemised pay slips must be given to employees
Maternity leave must be given to workers
National Minimum Wage Act 1999
States the minimum wage that organisations must now pay workers at
different ages
Employees can take action if they are not paid the appropriate minimum wage
Has become more complicated to calculate wages
May mean younger members of staff are employed to reduce wages
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30. Freedom of Information Act 2002
Gives individuals the right of access to information held by public authorities therefore organisations must be prepared to accept requests for information
Means organisations covered by the act must be careful what information they now hold
Must provide the information within the specified timescale
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31. Other Legislation Data Protection Act 1984 and 1998
Computer Misuse Act 1990
Copyright, Designs and Patents Act 1998
Office, Shops and Railway Premises Act 1963
Reporting of Injuries, Diseases & Dangerous Occurrences Regulations 1995 (RIDDOR),
Health and Safety (Display Screen Equipment) Regulations 1992
Control of Substances Hazardous to Health (COSHH) 1994
Tip of the iceberg
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32. Employment Tribunals
Where employers and employees have not settled a dispute and for cases of unfair dismissal.
Employees have the right to take their employer or former employer to an employment tribunal.
Ensures employers act legally in respect of the employment legislation.
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